Remand of suit

Querist : Anonymous (Querist) 26 August 2023 This query is : Resolved
High court allowed to produce the additional evidence and passed below order of remand

Having heard, the Impugned order of the lower appellate court is set aside. Opportunity shall be afforded to the 1st defendant to produce documents which shall be reconsidered and if need be, to lead additional evidence in proof of their right. ordered accordingly.

Whether can we say that entire decree of the appellate court is set-aside, suit needs to be heard and decided afresh?

Since the word used in high court judgement is only "Impugned order" of appellate court is set aside and not Decree of the appellate court.

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T. Kalaiselvan, Advocate (Expert) 27 August 2023
The high court has set aside the orders of the trial court.
It has passed an order allowing the defendant to produce the documents and if necessary to be considered, it means the court will start trial on the basis of the documents of the defendant and pass a decree and judgment accordinlgy.

P. Venu (Expert) 29 August 2023
Yes, the Judgment and Decree has been set aside. But the hearing would be limited to aspects highlighted by the High Court.

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